Professional Documents
Culture Documents
A TC (01) Final print document
A TC (01) Final print document
A TC (01) Final print document
IN THE MATTER OF
RANVEER .. APPELLANT
.
V.
DEEPIKA .. RESPONDENT
.
TABLE OF CONTENTS
LIST OF ABBREVATIONS......................................................................................................................4
INDEX AUTHORITIES..............................................................................................................................5
BOOKS REFERRED....................................................................................................................................6
LEGAL DATABASE.....................................................................................................................................6
STATEMENTOFJURISDICTION............................................................................................................7
STATEMENTOFFACTS.........................................................................................................8
ISSUES RAISED..........................................................................................................................9
SUMMARY OF ARGUMENTS......................................................................................................................10
ARUGEMENTS ADVANCED
PRAYER ……………………………………………………………………………. 26
ii
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
LIST OF ABBREVIATIONS
Abbreviations Expansion
AIR All India Reporter
Hon’ble Honorable
& And
Art Article
SC Supreme Court
Ors Others
v. Versus
p/pp. Page/pages
HC High court
govt. Government
iii
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
INDEXOF AUTHORITIES
CASES:
Arunachalam. R. Sadhanantham
Janshed hormusji Wadia V. board of trustees, port of Mumbai, (2004)3 SCC 214 SC
4
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
BOOKS REFERRED:
LEGALDATABASE:
1. www.scconline.com
2. www.manupatra.com
3. www.supremecourtofindia.com
5
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
STATEMENT OF JURISDICTION
The Appellant humbly submits this memorandum of the petition filed before
this honorable court under The Article 136 of The Constitution of
Vishweshwara.
(1) Notwithstanding anything in this chapter, the supreme court may, in its
discretion, grant special leave to appeal from any judgement, decree,
determination, sentence or order in any cause or matter passed or made by
any court or tribunal in the territory of Vishweshwara.
(2) Nothing in clause (1) shall apply to any judgement, determination, sentence
or order passed or made by any court or tribunal constituted by or under any law
relating to the armed forces
6
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
STATEMENT OF FACTS
Deepika, from Kollam district, and Ranveer, from Chittoor district, are both
Hindus and medical students at Vikramaditya Medical College in Kasaragod.
Ranveer, a year senior to Deepika, helps her adjust to college life, and they
become a couple in July 2021.
They move into a rented apartment together in February 2022, primarily due
to societal pressure.
Ranveer leaves their shared apartment on 25th December 2023 after an argument
with Deepika and Karan.
Deepika files an FIR against Ranveer under the new Vishweshwara Nyaya
Court (VNC) for promise to marry and desertion.
7
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
ISSUES RAISED
8
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
SUMMARY OF ARGUMENTS
9
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
ARGUMENTS ADVANCED
(3) Notwithstanding anything in this chapter, the supreme court may, in its
discretion, grant special leave to appeal from any judgement, decree,
determination, sentence or order in any cause or matter passed or made by
any court or tribunal in the territory of Vishweshwara.
(4) Nothing in clause (1) shall apply to any judgement, determination, sentence
or order passed or made by any court or tribunal constituted by or under any law
relating to the armed forces
10
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
“By virtue of this article the court can grant special leave in civil cases,
in criminal cases, in income tax cases, in cases which come up before
2
different kinds of tribunals, and any variety of cases”.
The Counsel for Appellant s humbly submits before the court that the appeal is
of a character of judicial adjudication and the authority complained against is the
session court.
3
In Delhi Judicial Service Association V. State of Gujarat , it was contented
by the supreme court that
“Under Article 136, there is no room for any doubt that this court has wide power to
interfere and correct the judgement and orders passed by any court or tribunal in the
country. In addition to the appellate power, the court has special residuary power to
entertain appeal against any order of any court in the country. The plenary
jurisdiction of this court to grant leave and hear appeals against any order of a court
or tribunal, confers power of judicial superintendence over all the courts and
tribunals in the territory of Vishweshwara including sub ordinate courts of
Magistrate and District Judge. This court has, therefore, supervisory jurisdiction
over all the courts in Vishweshwara.”
11
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
4
In another case of Arunachalam vs P.S.R. Sadhanantham , it was again
contended by the SC that: -
12
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
5 AIR 1965 SC 26
13
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
In the instant case the session court has erred in deciding a very substantial
question of law related to the right of life and liberty and reasonable opportunity
of the plaintiff
14
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
In Yelda Srinivas v. State of Andhra Pradesh [(2006) 11 SCC 615], apex court held
that the voluntary Consent depends on the fabs of each case and factors such as age
of the girl, her education, her social status and likewise the social status for the boy.
15
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
Thus, from the above grounds it is humbly submitted that the petition on behalf of
Ranveer is maintainable before this Honorable Supreme Court of Vishweshwara
Hence the Counsel for Appellant humbly summits that the special petition filed by
the Appellant is maintainable and the Counsel requests the court to accept the
SLP of the Appellant.
16
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
6
(1981) 1 SCC 722
17
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
18
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
The Counsel for plaintiff humbly presents before the court that this penalty is
excessively severe and does not serve the legitimate objective of law henceforth
violating the plaintiffs right of equal opportunity guaranteed under article 14
In criminal law the concept of men’s rear refers to the necessary mental element
of Crime which includes the person’s knowledge intent and recklessness with
regard to the illegal Conduct in question. This implies that a person cannot be
19
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
criminally held liable for a conduct that was not accompanied by necessary
mental state in other words it must be proven that the person acted intentionally,
knowingly or recklessly in committing the crime depending on the elements of the
offence.
Therefore, the Counsel for Appellant humbly argues in the honorable court that
the Appellant Ranveer shall not be held liable under the circumstances that the
Appellant did not have an intention to deceive all means here at the time of
making promise to marry Deepika.
20
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
The potential issue which comes with the testimony of Karan is that his
relationship with Deepika as he is a childhood friend and may have a bias in
her favours and he can be counted as an interested witness.
The motive at falsely implicating the accused on the ongoing case isn’t
interested witness the more to submit the bias against either of the parties
automatically need to develop a vested and personal interest in the final
result of the case
➢ But the session court in this case has already relied on Karan testimony
against the Appellant Ranveer. And has clearly overlooked the fact that
Karan had an ulterior intention to marry Deepika Which can be easily
th
observed in a statement which was made by him on 24 of December
2023 i.e. “It’s good that Ranveer conveyed his intention to marry you
7
otherwise I was planning on proposing you for marriage”.
From the above statement it could be clearly interpreted that Karan had
and motive to marry Deepika. In another instance during the verbal spat
between Ranveer and Karan, Karan voiced “So what if she wants to stay
8
with me rather than you, who are you to her?”.
7 Memorial Para 5
8
Memorial Para 6
21
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
22
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
23
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
11
In Girwar Singh v. CBI , electronic evidence was introduced before the Court,
for which a committee was appointed to check the authenticity of the electronic
evidence. Later, the committee found that the evidence wasn't the original one or
the copy of the original. The evidence was copied numerous times in different
devices. Consequently, the Delhi H.C. held the electronic evidence was
unacceptable.
Here, it should be noticed that the presentation of evidence which has been copied
from an original document is known as Secondary Evidence. Section 63 of the
Vishweshwara Evidence Act, 1872 states different instances when Evidence is
24
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
25
GAUTAM BUDDHA UNIVERSITY, INTRA MOOT, 2024
PRAYER
Therefore, in the light of the facts stated, issues raised, argument advanced an
authority cited the petition of most humbly praise before the honorable
Supreme Court of Vishweshwara to –
3. Acquit Appellant on the ground that the prosecution has failed to prove
his guilty beyond a reasonable doubt.
4. Grant protection of his reputation and privacy and provide damages for
the harm cause to him by the criminal proceedings
To pass any other order, direction or relief as this Hon’ble court deems fit, in
the interest of
(Respectfully Submitted)
26